Morocco Lawmakers Raise Concerns Over Unregulated DNA and Fingerprint Collection

During the study of the draft law on the Code of Civil Procedure within the Commission on Justice, Legislation and Human Rights of the House of Representatives, Abdellah Bouanou, president of the parliamentary group of the Party of Justice and Development (PJD), stated that the use of fingerprints and DNA samples in criminal investigations in Morocco is not framed by any legal or regulatory text, stressing that this lack of a legal framework could lead to the exploitation of this personal data for illegal purposes, which would constitute a violation of the Constitution.

The MP insisted on the need to establish a legal framework guaranteeing the protection of citizens’ rights, and to ensure the security of DNA samples at the level of approved laboratories. Bouanou also wished for studies to be carried out before the announced installation of surveillance cameras in the streets and alleys of Rabat, in order to avoid infringements on individual freedoms and privacy. "Certainly, London, for example, has more than a million surveillance cameras, but in Morocco we need caution and an in-depth study before applying such measures," he said.

For his part, Saâd Benmbarek, a deputy of the National Rally of Independents (RNI), explained that the Budapest Convention sets the conditions for the use of this personal data, noting that the DNA of an accused, required as part of an investigation, is kept, while that of a person who has not been prosecuted is destroyed. Abdessamad Haiker, for his part, raised the issue of international cooperation in the exchange of this information in the fight against cross-border crime.

In response to these concerns of the deputies, the Minister of Justice, Abdellatif Ouahbi, declared that all "these aspects are governed by the Prüm Treaty", specifying that fingerprints make it possible to prove the innocence of a suspect in cases of rape or indecent assault. The government member assured that he is working to secure the fingerprints, indicating that he has planned a meeting with Omar Seghrouchni, president of the National Commission for the Control of Personal Data Protection, and the officials of the General Directorate of National Security to study the issue.